Provisions on recusal in the Criminal Procedure Law: Article 29 A judge, prosecutor or investigator shall recuse himself under any of the following circumstances, and the parties and their legal representatives also have the right to ask him to recuse himself: (1) He is a party to the case or a close relative of the party; (2) He or his close relatives have an interest in the case; (3) Having served as a witness, expert witness, defender or agent ad litem in this case; (4) Having other relations with the parties to the case, which may affect the fair handling of the case. Article 30 Judges, prosecutors and investigators shall not accept guests and gifts from the parties and their clients, and shall not meet the parties and their clients in violation of regulations. Judges, prosecutors and investigators who violate the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. The parties and their legal representatives have the right to ask them to withdraw. Article 31 The withdrawal of judges, prosecutors and investigators shall be decided by the president, the procurator-general and the person in charge of the public security organ respectively. The withdrawal of the president is decided by the judicial Committee of our hospital; The withdrawal of the procurator-general and the person in charge of the public security organ shall be decided by the procuratorial committee of the people's procuratorate at the same level. Investigators can't stop investigating the case before making a decision to withdraw the case. The parties and their legal representatives may apply for reconsideration of the decision to reject the application for withdrawal. Article 32 The provisions on withdrawal in this chapter shall apply to clerks, translators and expert witnesses. Defenders and agents ad litem may apply for withdrawal and reconsideration in accordance with the provisions of this chapter. Understanding of avoidance 1. The first situation of withdrawal, that is, "being a party to this case or a close relative of a party", is actually a kind of interest relationship. "Interests" should include material interests and spiritual connections, so when listing interests, we can refer to foreign legislation to list debt relations, guardian relations, lover relations, superior-subordinate relations and so on. , and cover unlisted matters with an umbrella clause. Among them, the relationship between the superior and the subordinate has a great influence on the current judicial administrative atmosphere in China. It has certain practical significance and can solve the situation that the court circumvents the law as a whole. In fact, it is different to apply for the withdrawal of a single judge and all judges. Of course, in this case, adjusting the criminal jurisdiction system can realize litigation economy. 2. Avoidance is based on distrust of human nature. When defining "other relationship", it can be defined as "it may affect the fair judgment of the case", that is, "there is bending the law's concern". Therefore, the circumstances stipulated in Article 29, paragraph 1, and the five situations listed in several provisions on application for withdrawal can also be uniformly classified as "other relations". 3. Thinking about setting up "avoidance without cause". Avoidance without cause is relative to avoidance with cause at present. In fact, as long as you apply for withdrawal, there should be a reason, that is, the parties have a psychological tendency of distrust of judicial staff. For example, the tone of the judge's speech makes the parties feel biased, so they will be skeptical about the trial process. One of the main reasons for advocating the establishment of avoidance without cause is that the setting of reasons for avoidance in China is too vague at present, and the burden of proof falls on the parties. It is difficult for the parties to prove "other relationships" such as unilateral contact, treating guests and giving gifts, especially because they feel distrust in their hearts, but they can't provide exact materials to prove that the judge is biased. Therefore, there is a reason for avoidance without cause, but the procedure of avoidance without cause is relatively simple.
Legal objectivity:
Article 29 of the Criminal Procedure Law: A judge, a prosecutor or an investigator shall withdraw in any of the following circumstances, and the parties and their legal representatives also have the right to ask him to withdraw: (1) He is a party to the case or a close relative of the party; (2) He or his close relatives have an interest in the case; (3) Having served as a witness, expert witness, defender or agent ad litem in this case; (4) Having other relations with the parties to the case, which may affect the fair handling of the case.